70 F.

3d 1253

NOTICE: First Circuit Local Rule 36.2(b)6 states unpublished

opinions may be cited only in related cases.
UNITED STATES, Appellee,
v.
Dennis John DiIORIO, Defendant, Appellant.
No. 95-1138.

United States Court of Appeals, First Circuit.

Nov. 22, 1995.

Appeal from the United States District Court for the District of Rhode
Island [Hon. Ernest C. Torres, U.S. District Judge].
Orlando A. Andreoni on brief for appellant.
Sheldon Whitehouse, United States Attorney, Stephanie S. Browne and
Craig N. Moore, Assistant United States Attorneys, on brief for appellee.
D.R.I.
AFFIRMED.
Before TORRUELLA, Chief Judge, SELYA and CYR, Circuit Judges.
PER CURIAM.

Defendant-appellant Dennis J. DiIorio pled guilty to a three-count indictment,

including possession of a firearm by a convicted felon. He appeals from his
sentence on the sole ground that the district court erred in denying a reduction
in his base offense level because he "possessed all ammunition and firearms
solely for lawful sporting purposes or collection...." United States Sentencing
Guidelines, Sec. 2K2.1(b)(2) (1994). The burden is on the defendant to prove
by a preponderance of the evidence that he is entitled to the reduction. United
States v. Cousens, 942 F.2d 800, 802 (1st Cir.1991). "We review for clear error
the district court's factual findings with regard to the intended purposes of
purchasing and possessing the firearms at issue." Id.

Having carefully reviewed the record, including the transcript from the
sentencing hearing, we conclude that it was not clear error for the district court
to find that appellant failed to prove by a preponderance of the evidence that he
possessed the gun and ammunition solely for sporting or collection purposes.
The sentencing court's decision not to accept DiIorio's version of the relevant
facts was a credibility determination best made by the district court, rather than
by this court. See United States v. Wheelwright, 918 F.2d 226, 228 (1st
Cir.1990). Accordingly, appellant's sentence is affirmed. See Loc. R. 27.1.